dismissed EB-1A RFE Issued

Advanced Computing Researcher

Advanced Computing Researcher · 2024-05-21

Decision Date
2024-05-21
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Framework Evaluation

2 of 3 criteria met
Judging (Met)

The Director determined the Petitioner met the judging criterion under 8 C.F.R. § 204.5(h)(3)(iv).

Scholarly Articles (Met)

The Director determined the Petitioner met the scholarly articles criterion under 8 C.F.R. § 204.5(h)(3)(vi).

Original Contributions (Not Met)

The evidence, including citations and patents, did not establish that the Petitioner's work has been of major significance to the field of advanced computing as a whole.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet at least three of the ten regulatory criteria, specifically failing the original contributions of major significance criterion. Although the Petitioner had a citation record and patents, the evidence did not show widespread commercial implementation or that the citations were unusually high compared to other majorly significant works in the field.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to satisfy the original contributions of major significance criterion. The Petitioner provided testimonial letters and citation metrics, but these did not sufficiently demonstrate the required impact.

RFE Targets
Original Contributions

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Patents
Judging Experience
Original Contributions
Scholarly Articles
Evidence Submitted
  • Judging of the work of others
  • Scholarly articles in professional or major trade publications
  • Citation history (Clarivate Analytics/InCites Essential Science Indicators)
  • Patents and evidence of commercialization
  • Testimonial letters from experts in the field

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Frequently Asked Questions

A dismissed EB-1A petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-05-21.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 2 / 3
Evidence Types 6

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

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